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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1 (permalink)  
Old 05-10-2008, 05:45 PM
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Sep-07
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GetGC08 is infamous around these parts
Default Paystubs missing for 5 months

Hi All,

I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?
I am asking this because I want to be prepare if any RFE come regarding this issue.

I will really appreciate any kind of response/guidance in this matter.

I really need solution for this problem.

Thanks in advance.
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  #2 (permalink)  
Old 05-11-2008, 03:36 AM
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Quote:
Originally Posted by GetGC08 View Post
Hi All,

I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?
I am asking this because I want to be prepare if any RFE come regarding this issue.

I will really appreciate any kind of response/guidance in this matter.

I really need solution for this problem.

Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
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  #3 (permalink)  
Old 05-11-2008, 04:20 AM
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Dont worry. As long as you have last 3 months paystubs, always present them to INS even if they dont ask for it. For your last 2.5 months of bench check with your employer if he will give you a letter for unpaid leave of absence. Many people on H1 face this problem.

As meridiani said, you should visit india once before filing 485 and before your current visa stamp expires.
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  #4 (permalink)  
Old 05-11-2008, 10:14 AM
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GetGC08 is infamous around these parts
Default

Quote:
Originally Posted by meridiani.planum View Post
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.

Last edited by GetGC08; 05-11-2008 at 10:21 AM.
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  #5 (permalink)  
Old 05-11-2008, 03:46 PM
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Default Contact a Good Lawyer in case of an RFE...

This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

Hope that clears it a bit!

Quote:
Originally Posted by GetGC08 View Post
Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.
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